Tag: unlawful access

Section 2 | Unlawful access

  1. Any person who unlawfully and intentionally performs an act in respect of—
    1. a computer system; or
    2. a computer data storage medium,
      which places the person who performed the act or any other person in a position to commit an offence contemplated in subsection (2), section 3(1), 5(1) or 6(1), is guilty of an offence.
    1. Any person who unlawfully and intentionally accesses a computer system or
      a computer data storage medium, is guilty of an offence.
    2. For purposes of paragraph (a)—
      1. a person accesses a computer data storage medium, if the person—

(aa)  uses data or a computer program stored on a computer data storage medium; or

(bb)  stores data or a computer program on a computer data storage medium; and

(ii)    a person accesses a computer system, if the person—

(aa)  uses data or a computer program held in a computer system;

(bb)  stores data or a computer program on a computer data storage medium forming part of the computer system; or

(cc)  instructs, communicates with, or otherwise uses, the computer system.

(c)     For purposes of paragraph (b)—

(i)    a person uses a computer program, if the person—

(aa)  copies or moves the computer program to a different location in the  computer system or computer data storage medium in which it is held or to any other computer data storage medium;

(bb)  causes a computer program to perform any function; or

(cc)  obtains the output of a computer program; and

(ii)   a person uses data, if the person—

(aa)  copies or moves the data to a different location in the computer system or computer data storage medium in which it is held or to any other computer data storage medium; or

(bb)   obtains the output of data.